Criminal Appeal No.986-SB of 2002 (O&M) v. State of Punjab

Present: Mr.B.S.Saroha, Advocate for the appellant Mr.Amandeep Singh Rai, Assistant Advocate General, Punjab ** Sabina, J. Respondent-accused was convicted for an offence under Section 324 of the Indian Penal Code (`IPC' for short) vide judgment dated

15.5.2002 passed by the Additional Sessions Judge Sangrur. Vide order of even date, appellant was sentenced to undergo rigorous imprisonment for two years and to pay a fine of Rs.5000/-. Hence, the present appeal by the appellant. The brief facts of the case, as noticed by the Appellate Court in para 2 of its judgment, are as under:- "Case against Harjinder Singh accused was registered on the statement of Dhian Singh (PW-6/A) son of Sukhdev Singh resident of Phaguwal, a student of 10th. His statement was recorded by ASI Kirpal Singh at Police station, Bhawanigarh on Criminal Appeal No.986-SB of 2002 (O&M) 2 receiving ruqa of primary Health Center, Bhawanigarh. According to the version of Dhian Singh on 12.8.1998 at about 8 a.m. he along with his friend Bhuchinder Pal Singh son of Gurnaib Singh was going to Sangrur for participating in a tournament. When they reached near the dispensary of the village, Harinder Singh accused met them.

Accused started abusing Dhian Singh. Bhuchinder Pal Singh intervened and asked him not to give abuses. Accused took out a knife from his pocket and gave blow of knife in the abdomen of Bhuchinder Pal Singh. When the complainant tried to intervene, accused gave knife blow on the right shoulder of the complainant. They raised alarm Mardita Mardita which attracted Ranjit Singh uncle of Dhian Singh. Accused fled away from the scene of the occurrence along with knife. Ranjit Singh PW arranged a car to send Dhian Singh and Bhuchinder Pal Singh to Govt. Hospital Bhawanigarh where they were admitted for treatment. Bhuchinder Pal Singh was referred to Rajindra Hospital, Patiala. Motive behind the occurrence was that Harinder Singh accused was wanting to become Monitor of his class. The investigating officer sent ruqa Ex.PH to the police station, on the basis of which formal FIR Ex.PK was recorded at Police Station, Bhawanigrh.

The investigating officer ASI Karpal Singh prepared the site plan of the place of occurrence Ex.PL. The accused was arrested on 13.8.1998 and he further disclosed vide Ex.PM that he had kept concealed a knife used in committing the offence, near the root of Bohar (banian) tree and he could get the same recovered. In pursuance of that disclosure Criminal Appeal No.986-SB of 2002 (O&M) 3 statement, the Investigating Officer got recovered the knife in the presence of Gurnaib Singh and Karjit Singh and the same was taken into police possession vide memo (Ex.PG). The investigating officer also prepared the rough sketch Ex.PN of the knife.” During the course of arguments, learned counsel for the appellant has not challenged the conviction of the appellant under Section 324 IPC but has submitted that the appellant be ordered to be released on probation. Learned counsel has also submitted that the appellant was about 16 years of age at the time of occurrence and is facing the criminal proceedings since the year 1998.

He is not involved in any other criminal case. Learned counsel has further submitted that the fine, as imposed by the trial Court, has already been deposited by the appellant and the appellant will not claim the refund of the fine. The object of releasing an accused on probation is that he may be given an opportunity to reform himself. The benefit of probation can be denied only to hardened criminals or where restriction has been imposed by Section 4 of the probation of Offenders Act, 1958. Each case has to be dealt with on its own facts and benefit of probation can neither be granted or declined as a matter of rule. Respondent is not a previous convict. Accordingly, the conviction of the appellant, as ordered by the trial Court, under Section 324 IPC is maintained. However, the sentence part qua imprisonment of the appellant is set aside. The appellant is ordered to be released on probation for a period of one year subject to his furnishing personal bonds in the sum of Rs.10,000/- with one surety in the like amount Criminal Appeal No.986-SB of 2002 (O&M) 4 to the satisfaction of the trial Court.